1. The alleged infringer argued that the exclusive right holder of a registered trademark did not use the registered trademark, and that the exclusive right holder of a registered trademark could not provide evidence of the actual use of the registered trademark in the previous three years;

2. The accused infringer has no intention of infringement;

3. The accused infringer has legally obtained the trademark;

4. Other reasons.

legal ground

Article 64 of the Trademark Law of People's Republic of China (PRC)

Where the exclusive right holder of a registered trademark requests compensation, and the accused infringer makes a defense on the grounds that the exclusive right holder of a registered trademark has not used the registered trademark, the people's court may require the exclusive right holder of a registered trademark to provide evidence of the actual use of the registered trademark in the past three years. If the exclusive right holder of a registered trademark cannot prove that the registered trademark has been actually used in the first three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.

Article 65

Where the trademark registrant or interested party has evidence to prove that others are committing or will commit acts that infringe upon their exclusive right to use a registered trademark. If it is not stopped in time, its legitimate rights and interests will be irretrievably damaged. Before prosecution, it may apply to the people's court in accordance with the law to take measures to order it to stop relevant acts and preserve property.

Article 66

In order to stop the infringement, in the case that the evidence may be lost or difficult to obtain later, the trademark registrant or interested party may apply to the people's court for evidence preservation according to law before prosecution.